Common use of Assistant Secretaries Clause in Contracts

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribe.

Appears in 38 contracts

Samples: Global Custody Agreement (Vanguard Malvern Funds), Instrument (Vanguard Morgan Growth Fund), Instrument (Vanguard Morgan Growth Fund)

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Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in In the absence or disability of the secretarySecretary, any Assistant Secretary designated by the Trustees shall perform all the duties duties, and may exercise the powers any of the secretary and powers, of the Secretary. Each Assistant Secretary shall perform such other duties as from time to time may be assigned to such officer by the Board of Trustees or the chief executive officer shall prescribeTrustees.

Appears in 36 contracts

Samples: Calamos Global Convertible & Dynamic Income Trust, Calamos Global Convertible & Dynamic Income Trust, Calamos Long/Short Equity & Dynamic Income Trust

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in the absence or disability of shall perform such duties as shall be assigned to them by the secretary, perform the duties and exercise chairman, the powers of the secretary and shall perform such other duties as the Board of Trustees president or the chief executive officer shall prescribeManagement Committee.

Appears in 35 contracts

Samples: Partnership Agreement (Kimball Hill, Inc.), Limited Partnership Agreement (National Credit & Guaranty CORP), Limited Partnership Agreement (Kimball Hill, Inc.)

Assistant Secretaries. The assistant secretaries Assistant Secretaries shall perform the duties as are given to them by this Agreement or as may from time to time be assigned to them by the Management Directors or by the Secretary. At the request of the Secretary, or in order of their seniorityhis absence or disability, shall, the Assistant Secretary designated by the Secretary (or in the absence or disability of such designation the secretarysenior Assistant Secretary), shall perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 32 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement (United States Brent Oil Fund, LP)

Assistant Secretaries. The assistant secretaries Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order of their seniority, determined by the Board shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 31 contracts

Samples: Settlement Agreement (GigCapital5, Inc.), Stockholder Support Agreement (Andretti Acquisition Corp.), Business Combination Agreement (Cetus Capital Acquisition Corp.)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in Assistants to the absence Secretary may be appointed by the President or disability of elected by the secretary, perform the duties and exercise the powers of the secretary Board and shall perform such other duties and have such powers as delegated to them by the Board of Trustees President or the chief executive officer shall prescribeBoard.

Appears in 14 contracts

Samples: Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.), Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.), Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.)

Assistant Secretaries. The assistant secretaries in order of their seniority, shallsecretaries, in the absence or disability of the secretarygeneral, perform the duties and exercise the powers of the secretary and shall perform such other duties as shall be assigned to them by the Board of Trustees Secretary or by a Senior Officer or by the chief executive officer shall prescribeManagers.

Appears in 14 contracts

Samples: Limited Liability Company Agreement (St. Louis Pharmaceutical Services, LLC), Limited Liability Company Agreement (St. Louis Pharmaceutical Services, LLC), Limited Liability Company Agreement (St. Louis Pharmaceutical Services, LLC)

Assistant Secretaries. The assistant secretaries in order of their seniority, shallAssistant Secretaries will, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall will perform such other duties and have such other powers as the Board of Trustees or the chief executive officer shall Managers may from time to time prescribe.

Appears in 13 contracts

Samples: Operating Agreement (Climacool Corp.), Operating Agreement (Climacool Corp.), Operating Agreement (Climacool Corp.)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in In the absence or disability of the secretarySecretary, any Assistant Secretary designated by the Trustees shall perform all the duties duties, and may exercise the powers any of the secretary and powers, of the Secretary. Each Assistant Secretary shall perform such other duties as from time to time may be assigned to such officer by the Board of Trustees or the chief executive officer shall prescribe.Trustees. 6.12

Appears in 6 contracts

Samples: Calamos Convertible Opportunities & Income Fund, Calamos Convertible & High Income Fund, Calamos Strategic Total Return Fund

Assistant Secretaries. The Member may appoint one or more assistant secretaries in order of their seniority, shall, in who shall have the absence or disability of the secretary, powers and perform the duties and exercise the powers of the secretary when the secretary is unavailable or unable to act, and who shall have such other powers and perform such other duties as may be prescribed by the Board of Trustees Member or the chief executive officer shall prescribesecretary.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Aquarius Gaming LLC), Limited Liability Company Agreement (Aquarius Gaming LLC), Operating Agreement (Aquarius Gaming LLC)

Assistant Secretaries. The assistant secretaries in order Assistant Secretaries may assume and perform the duties of their seniority, shall, the Secretary in the absence or disability of the secretary, perform Secretary or whenever the duties and exercise the powers office of the secretary and Secretary is vacant. The Assistant Secretaries shall also perform such other duties and have such other powers as the Board of Trustees Managers or the chief executive officer President shall prescribedesignate from time to time.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)

Assistant Secretaries. The assistant secretaries in order of their seniority, Any Assistant Secretary shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as may be prescribed by the Board of Trustees Managers or the chief executive officer shall prescribePresident.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (KCI Animal Health, LLC), Limited Liability Company Agreement (KCI Animal Health, LLC), Limited Liability Company Agreement (Kinetic Concepts Inc /Tx/)

Assistant Secretaries. The assistant secretaries in order of their seniority, Assistant Secretary or Secretaries shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers authority of the secretary Secretary and shall perform such other duties and have such other authority as the Board of Trustees Directors or the chief executive officer shall Chief Executive Officer may from time to time prescribe.

Appears in 4 contracts

Samples: The Merger Agreement (Frontier Oil Corp /New/), Agreement and Plan of Merger (Frontier Oil Corp /New/), The Merger Agreement (Holly Corp)

Assistant Secretaries. The assistant secretaries Assistant Secretary, or if there be more than one, the Assistant Secretaries, in the order determined by the Board of their seniorityDirectors, shall, in case of the absence or disability of the secretarySecretary, have the authority and perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Oak Hill Capital Partners L P), Agreement and Plan of Merger (American Skiing Co /Me), Securities Purchase Agreement (American Skiing Co /Me)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in In the absence or disability inability to act of the secretarySecretary, any Assistant Secretary may perform all the duties and exercise all the powers of the secretary and Secretary. An Assistant Secretary shall also perform such other duties as the Secretary or the Board of Trustees Directors may assign to him or the chief executive officer shall prescribeher.

Appears in 4 contracts

Samples: Operating Agreement (Herbst Gaming, LLC), Sale Agreement and Amendment (Qad Inc), Credit Agreement (Inamed Corp)

Assistant Secretaries. Each Assistant Secretary (if any) shall have the usual powers and duties pertaining to his office, together with such other powers and duties as may be prescribed from time to time by the chief executive officer, the Board or the Secretary. The assistant secretaries in order of their seniority, shall, in Assistant Secretaries may sign with the absence or disability of the secretary, perform the duties other appointed Officers all certificates for Units and shall exercise the powers of the secretary and shall perform such other duties as Secretary during the Board of Trustees Secretary’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (WUS Holding, L.L.C.), Limited Liability Company Agreement (WUS Holding, L.L.C.), Limited Liability Company Agreement (WUS Holding, L.L.C.)

Assistant Secretaries. The assistant secretaries in order of their seniority, Assistant Secretaries shall, in the absence or disability of the secretarySecretary or in the event of such officer’s disability, inability or refusal to act, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties and have such other powers as the Board of Trustees Manager, this Agreement or the chief executive officer shall President may from time to time prescribe.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (HSI IP, Inc.), Limited Liability Company Agreement (HSI IP, Inc.), Limited Liability Company Agreement (HSI IP, Inc.)

Assistant Secretaries. The assistant secretaries in the order of their seniority, unless otherwise determined by the Board, shall, in the absence or disability of the secretary, perform the duties and exercise the powers of the secretary and secretary. They shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe or as the chief executive officer shall prescribeor president may from time to time delegate.

Appears in 4 contracts

Samples: Operating Agreement (Pioneer Drilling Services, Ltd.), Limited Liability Company Agreement (Pioneer Fishing & Rental Services, LLC), Limited Liability Company Agreement (Pioneer Fishing & Rental Services, LLC)

Assistant Secretaries. The assistant secretaries in order Each Assistant Secretary, if any, shall have such powers and shall perform such duties as may be assigned to him by the Board of their seniorityDirectors. In the case of the death, shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary and office of Secretary shall perform such other duties as be performed by the Assistant Secretaries in the order of priority established by the Board of Trustees or Directors, unless and until the chief executive officer Board of Directors shall prescribeotherwise direct.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC)

Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his or her office, together with such other powers and duties as designated in these bylaws and as from time to time may be assigned to him or her by the Chief Executive Officer or the Board of Directors. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 3 contracts

Samples: Master Reorganization Agreement (Atlas Energy Solutions Inc.), Master Reorganization Agreement (New Atlas HoldCo Inc.), Voting Agreement (Roan Resources, Inc.)

Assistant Secretaries. The assistant secretaries Assistant Secretaries of the Corporation (“Assistant Secretaries”), if any, in order of their seniorityseniority or in any other order determined by the Board, shallshall generally assist the Secretary and perform such other duties as the Board or the Secretary shall prescribe, and, in the absence or disability of the secretarySecretary, shall perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 3 contracts

Samples: Business Combination Agreement (ExcelFin Acquisition Corp.), Cooperation Agreement, Agreement and Plan of Merger (PeopleSupport, Inc.)

Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his or her office, together with such other powers and duties as designated in these bylaws and as from time to time may be assigned to him or her by the chief executive officer or the Board of Directors. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 3 contracts

Samples: Separation Agreement (C&J Energy Services, Inc.), Agreement and Plan of Merger (Epl Oil & Gas, Inc.), Agreement and Plan of Merger (Energy Xxi (Bermuda) LTD)

Assistant Secretaries. The assistant secretaries Assistant Secretaries, in order of their seniority, shall, shall in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribe.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Forward Funds), Investment Management Agreement (Kiewit Investment Trust)

Assistant Secretaries. The assistant secretaries Assistant Secretary of the Corporation, if any, or if there be more than one, the Assistant Secretaries in order of their seniorityseniority or in any other order determined by the Board of Directors, shall, in the absence or disability of the secretarySecretary of the Corporation, perform the duties and exercise the powers of the secretary Secretary of the Corporation and shall perform such other duties as the Board of Trustees Directors or the chief executive officer Secretary of the Corporation shall prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Martin Marietta Materials Inc), Agreement and Plan of Merger (Martin Marietta Materials Inc)

Assistant Secretaries. The assistant secretaries Assistant Secretaries of the Corporation, if any, in order of their seniorityseniority or in any other order determined by the Board, shallshall generally assist the Secretary and perform such other duties as the Board or the Secretary shall prescribe, and, in the absence or disability of the secretarySecretary, shall perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Gogo Inc.), Getty Images Inc

Assistant Secretaries. The assistant secretaries in order of their seniority, Any Assistant Secretary shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as may be prescribed by the Board of Trustees Directors or the chief executive officer shall prescribePresident.

Appears in 2 contracts

Samples: 9 Transaction Agreement (Kinetic Concepts Inc /Tx/), 9 Transaction Agreement (Blum Richard C & Associates L P)

Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his office, together with such other powers and duties as from time to time may be designated in this Agreement or assigned to him by the Chief Executive Officer or the Member or the Board. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (CDM Environmental & Technical Services LLC), Limited Liability Company Agreement (CDM Environmental & Technical Services LLC)

Assistant Secretaries. The assistant secretaries in order of their seniority, secretary (if any) shall, in during the absence or disability incapacity of the secretary, assume and perform the all functions and duties and exercise the powers of that the secretary might lawfully do if present and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribenot under any incapacity.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (RhythmOne PLC), Agreement and Plan of Merger and Reorganization (YuMe Inc)

Assistant Secretaries. The assistant secretaries Assistant Secretary of the Corporation, if any, or if there be more than one, the Assistant Secretaries in order of their seniority, seniority or in any other order determined by the Board of Directors shall, in the absence or disability of the secretarySecretary of the Corporation, perform the duties and exercise the powers of the secretary Secretary of the Corporation and shall perform such other duties as the Board of Trustees Directors or the chief executive officer Secretary of the Corporation shall prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (HashiCorp, Inc.), Agreement and Plan of Merger (Dova Pharmaceuticals Inc.)

Assistant Secretaries. The assistant secretaries Assistant Secretary, if any, or, if there be more than one, the Assistant Secretaries in the order of their seniority, determined by the Board shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 2 contracts

Samples: Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp)

Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his or her office, together with such other powers and duties as designated in these Bylaws and as from time to time may be assigned to him or her by the Chief Executive Officer or the Board. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 2 contracts

Samples: Business Combination Agreement and Plan of Reorganization (Lion Electric Co), Business Combination Agreement and Plan of Reorganization (Northern Genesis Acquisition Corp.)

Assistant Secretaries. The assistant secretaries in the order determined by the board of their seniority, shalldirectors will perform, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall will perform such other duties as the Board board of Trustees directors, the Chief Executive Officer or the chief executive officer shall President may prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Blue Dolphin Energy Co), Agreement and Plan of Merger (American Resources Offshore Inc)

Assistant Secretaries. The assistant secretaries Assistant Secretaries, in the order of their seniority, unless otherwise determined by the Manager, shall, in the absence or disability of the secretarySecretary, perform the duties and have the authority and exercise the powers of the secretary and Secretary. They shall perform such other duties and have such other powers as the Board of Trustees Manager may from time to time prescribe or as the chief executive officer shall prescribePresident may from time to time delegate.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Directv), Time Warner LLC

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the Board of Directors, the Chairman of the Board, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board of Directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer's absence or the chief executive officer shall prescribeinability to act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Woodland Cryogenics Co), Limited Liability Company Agreement (Wire Harness Industries Inc)

Assistant Secretaries. Each Assistant Secretary shall have the usual powers and duties pertaining to such office, together with such other powers and duties as from time to time may be assigned to him or her by the President or the General Partner. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 2 contracts

Samples: Agreement (Seitel Ip Holdings, LLC), Agreement (Seitel Ip Holdings, LLC)

Assistant Secretaries. The assistant secretaries Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board of their seniority, Directors shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 2 contracts

Samples: Business Combination Agreement (Berenson Acquisition Corp. I), Agreement and Plan of Merger (10X Capital Venture Acquisition Corp. III)

Assistant Secretaries. The assistant secretaries in order of their seniorityAssistant Secretary or Secretaries, if there is one, shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers authority of the secretary Secretary and shall perform such other duties and have such other authority as the Board of Trustees Directors, the President, the Chairman, or the chief executive officer shall Vice-Chairman may from time to time prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Primo Water Corp), Agreement and Plan of Merger (Cott Corp /Cn/)

Assistant Secretaries. Each Assistant Secretary (if any) shall have the usual powers and duties pertaining to his office, together with such other powers and duties as may be prescribed from time to time by the chief executive officer, the Board or the Secretary. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as Secretary during the Board of Trustees Secretary’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (CHC Helicopter (4) S.a r.l.), Limited Liability Company Agreement (CHC Helicopter Australia Pty LTD)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in In the absence or disability of the secretary, an assistant secretary shall have the power to perform his or her duties including the duties certification, execution and exercise the powers attestation of the secretary corporate records and corporate instruments. Assistant secretaries shall perform such other duties as the Board of Trustees or may be assigned to them by the chief executive officer shall prescribeor the board of directors.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lincoln National Corp), Agreement and Plan of Merger (Jefferson Pilot Corp)

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him or her by the Board of Directors, the Chairman of the Board, the Chief Executive Officer or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board of Directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that Officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (MDB Capital Holdings, LLC), Limited Liability Company Agreement (JMP Group LLC)

Assistant Secretaries. The assistant secretaries in order of their seniority, Assistant Secretary or Secretaries shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers authority of the secretary Secretary and shall perform such other duties and have such other authority as the Board of Trustees Directors or the chief executive officer shall President may from time to time prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kulicke & Soffa Industries Inc), Agreement and Plan of Merger (Kulicke & Soffa Industries Inc)

Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his office, together with such other powers and duties as from time to time may be designated in this Agreement or assigned to him by the Chief Executive Officer or the Board. The assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and Assistant Secretaries shall exercise the powers of the secretary and shall perform such other duties as Secretary under the Board of Trustees Secretary’s direction or the chief executive officer shall prescribeduring that officer’s absence or inability or refusal to act.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (HollyFrontier Corp), Limited Liability Company Agreement (Holly Energy Partners Lp)

Assistant Secretaries. The An assistant secretaries in order of their seniority, secretary shall, at the request of the secretary, or in the absence or disability of the secretary, perform all the duties and exercise the powers of the secretary and secretary. He or she shall perform such other duties as are assigned to him or her by the Board of Trustees or Directors, the chief executive officer shall prescribeofficer, if any, the president, these Bylaws or as provided by law.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (CSRA Inc.), Agreement and Plan of Merger (American Wagering Inc)

Assistant Secretaries. The assistant secretaries Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Board of their seniorityDirectors, or if there be no such determination, the Assistant Secretary designated by the Board of Directors, shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties and have such other powers as the Board of Trustees or the chief executive officer shall Directors may from time to time prescribe.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (LogMeIn, Inc.), Realty Income Corp

Assistant Secretaries. The assistant secretaries in order of their seniorityAssistant Secretaries, shallif any, will, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall will perform such other duties and have such other powers as may be prescribed by the Board of Trustees Members, Managers, or the chief executive officer shall prescribePresident.

Appears in 1 contract

Samples: Operating Agreement (Unit Petroleum Co)

Assistant Secretaries. The assistant secretaries Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order of their senioritydetermined by the Board, shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Starboard Value Acquisition Corp.)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, Assistant Secretaries may in the absence or disability of the secretary, Secretary perform the duties and exercise the powers of the secretary Secretary, and shall perform such other duties as the Board of Trustees Directors or the chief executive officer shall person appointing them may prescribe.

Appears in 1 contract

Samples: Genuine Parts Co

Assistant Secretaries. The assistant secretaries in order Assistant Secretaries shall perform such duties and possess such powers as from time to time shall be assigned to them by the Board of their seniorityDirectors, shallthe President or the Secretary. In the absence, inability or refusal to act of the Secretary, the Assistant Secretaries in the absence or disability order determined by the Board of the secretary, Directors shall perform the duties and exercise the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Securities Purchase Agreement

Assistant Secretaries. The assistant secretaries Assistant Secretaries, if any are elected or appointed, in the order of their seniorityseniority in office, shallunless and until otherwise determined by the Board of Directors, will, in the absence or disability of the secretarySecretary, exercise the powers and perform the duties and exercise the powers of the secretary Secretary. They will have such other powers and shall perform such other duties as the Board of Trustees Directors may from time to time prescribe or as the chief executive officer shall prescribePresident may from time to time delegate to them.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Berkshire Hathaway Energy Co)

Assistant Secretaries. Each Assistant Secretary (if any) shall have the usual powers and duties pertaining to his office, together with such other powers and duties as may be prescribed from time to time by the chief executive officer, the Board or the Secretary. The assistant secretaries in order of their seniority, shall, in Assistant Secretaries may sign with the absence or disability of the secretary, perform the duties other appointed Officers all Unit certificates and shall exercise the powers of the secretary and shall perform such other duties as Secretary during the Board of Trustees Secretary’s absence or the chief executive officer shall prescribeinability or refusal to act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (NeoSpine Surgery, LLC)

Assistant Secretaries. The assistant secretaries Unless otherwise determined by the Board of Directors, the Assistant Secretaries, in the order of their seniorityseniority as such seniority may from time to time be designated by the Board of Directors, shall, in the absence or disability of the secretary, will perform the duties and exercise the powers of the secretary and shall Secretary in the absence or disability of the Secretary. They will perform such other duties and have such other powers as the Board of Trustees Directors, the President or the chief executive officer shall Secretary may from time to time prescribe.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Encore Capital Group Inc)

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Assistant Secretaries. The assistant secretaries At the request of the Secretary, or in order of their seniority, shall, in the his absence or disability disability, an Assistant Secretary designated by the Board or the chief executive officer of the secretary, Corporation shall perform all the duties and exercise of the Secretary and, when so acting, shall have all the powers of the secretary and Secretary. Each Assistant Secretary shall perform such other duties as from time to time may be assigned to him by the Secretary or by the Board of Trustees or by the chief executive officer shall prescribeof the Corporation. Section 33.

Appears in 1 contract

Samples: Gte Corp

Assistant Secretaries. Each Assistant Secretary shall have such --------------------- powers and duties as may be assigned to him by the board of directors, the Chairman of the Board, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the board of directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer's absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Evergreen Media Corp)

Assistant Secretaries. The assistant secretaries Assistant Secretary or, if there is more than one (1), the Assistant Secretaries in the order of their senioritydetermined by the Board, shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Majestic Holdco, LLC)

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the board of directors, the Chairman of the Board, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the board of directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ezcorp Inc)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in During the absence or disability of the secretary, the assistant secretaries in the order of their seniority, unless otherwise determined by the Board, shall perform the duties and may exercise the powers of the secretary and secretary. They shall also perform such other duties and have such other powers as the Board of Trustees or the chief executive officer shall may from time to time prescribe.

Appears in 1 contract

Samples: Interlocal Agreement

Assistant Secretaries. The assistant secretaries At the request of the Secretary or in order of their seniority, shall, in the his absence or disability the Assistant Secretary designated by him or (failing such request or designation) the Assistant Secretary or other officer designated by the President shall perform all the duties of the secretarySecretary and, perform the duties and exercise when so acting, shall have all the powers of of, and be subject to all the secretary and shall perform such other duties as restrictions upon, the Board of Trustees or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Recapitalization (Curtiss Wright Corp)

Assistant Secretaries. The assistant secretaries Unless otherwise determined by the Board of Directors, the Assistant Secretaries, in the order of their seniorityseniority as such seniority may from time to time be designated by the Board of Directors, shall, in the absence or disability of the secretary, shall perform the duties and exercise the powers of the secretary and Secretary in the absence or disability of the Secretary. They shall perform such other duties and have such other powers as the Board of Trustees or the chief executive officer shall Directors may from time to time prescribe.

Appears in 1 contract

Samples: Escrow and Contribution Agreement (Wyndham Hotel Corp)

Assistant Secretaries. The assistant secretaries Assistant Secretaries, if any, in order of their seniority, seniority shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as the Board of Trustees or the chief executive officer Directors shall prescribe.

Appears in 1 contract

Samples: Agreement (Recoton Corp)

Assistant Secretaries. The assistant secretaries in order of their seniority, shallsecretaries, in the absence or disability of the secretarygeneral, perform the duties and exercise the powers of the secretary and shall --------------------- perform such other duties as shall be assigned to them by the Board of Trustees Secretary or by a Senior Officer or by the chief executive officer shall prescribeManagers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Aor Holding Co of Indiana Inc)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, Whenever requested by or in the --------------------- absence or disability of the secretarySecretary, perform the duties and exercise Assistant Secretary designated by the powers Secretary (or in the absence of such designation, the secretary and shall perform such other duties as Assistant-Secretary designated by the Board of Trustees or Directors) shall perform all the chief executive officer duties of the Secretary and when so acting shall prescribehave all the powers of, and be subject to all the restrictions upon, the Secretary.

Appears in 1 contract

Samples: J Crew Group Inc

Assistant Secretaries. The assistant secretaries in order Each Assistant Secretary shall have all the powers and may perform all the duties of their seniority, shall, the Secretary in the absence or disability of the secretarySecretary unless the Board of Directors shall otherwise determine, perform the duties and exercise the powers of the secretary and shall have such other powers and perform such other duties as may be prescribed by the Board of Trustees or the chief executive officer shall prescribeDirectors.

Appears in 1 contract

Samples: Newmont Mining Corp

Assistant Secretaries. The assistant secretaries in order of their seniorityAssistant Secretaries, shallif appointed, may in the absence or disability of the secretary, Secretary perform the duties and exercise the powers of the secretary Secretary, and shall perform such other duties as the Board of Trustees Directors or the chief executive officer shall person appointing them may prescribe.

Appears in 1 contract

Samples: Genuine Parts Co

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the board of directors, the Chairman of the Board, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the board of directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer's absence or the chief executive officer shall prescribe.inability to act. ARTICLE SEVEN:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Evergreen Media Corp)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in During the absence or disability of the secretary, perform the duties and exercise assistant secretary, if one is elect, or if there are more than one, the powers of one so designated by the secretary and shall perform such other duties as the Board of Trustees or secretary, the chief executive officer officer, the president or by the Board shall prescribehave all the powers and functions of the secretary.

Appears in 1 contract

Samples: Master Security Agreement (Tengion Inc)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in the absence Assistant Secretary or disability of the secretary, Secretaries shall perform the duties and exercise the powers of the secretary Secretary in the Secretary’s absence or during the Secretary’s inability to act, and shall perform such other and further duties as may be assigned by the Board of Trustees Directors, the Chief Executive Officer, the President, any Co-President or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cifc LLC)

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the Board or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that Officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Dynegy Holdings, LLC)

Assistant Secretaries. The assistant secretaries Assistant Secretaries, in the order of their seniority, unless otherwise determined by the Managers, shall, in the absence or disability of the secretarySecretary, perform the duties and have the authority and exercise the powers of the secretary and Secretary. They shall perform such other duties and have such other powers as the Board of Trustees Managers may from time to time prescribe or as the chief executive officer shall prescribePresident may from time to time delegate.

Appears in 1 contract

Samples: Operating Agreement (FIS Healthcare Holdings, LLC)

Assistant Secretaries. The assistant secretaries At the request of the Secretary, or in order of their seniority, shall, in the his absence or disability disability, any Assistant Secretary may perform all the duties of the secretarySecretary and, perform the duties and exercise when so acting, shall have all the powers of the secretary and Secretary. Each Assistant Secretary shall perform such other duties as from time to time may be assigned to him by the President or the Secretary or by the Board of Trustees or the chief executive officer shall prescribeby any committee thereunto authorized.

Appears in 1 contract

Samples: Potomac Edison Co

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the Board of Directors, the Chairman of the Board, the Chief Executive Officer or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board of Directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Contribution (Toreador Resources Corp)

Assistant Secretaries. The assistant secretaries Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order of their seniority, determined by the Board shall, in the absence (or disability inability or refusal to act) of the secretarySecretary, perform the duties and exercise have the powers of the secretary Secretary and shall otherwise perform such other the duties as and have the Board of Trustees powers and responsibilities determined by the Board, the Chief Executive Officer or the chief executive officer shall prescribePresident.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Landcadia Holdings III, Inc.)

Assistant Secretaries. The assistant secretaries in order of their seniority, shallsecretaries, in the absence or disability of the secretarygeneral, perform the duties and exercise the powers of the secretary and shall perform such other duties as shall be assigned to them by the Board of Trustees Secretary or by Senior Officer or by the chief executive officer shall prescribeManagers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (St. Louis Pharmaceutical Services, LLC)

Assistant Secretaries. The assistant secretaries Assistant Secretaries, if there be any such officers, in order of their seniority, seniority shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as the Board of Trustees Directors shall assign to them or as from time to time may be assigned to them by the Chairman of the Board or the chief executive officer shall prescribeSecretary.

Appears in 1 contract

Samples: Agreement of Merger (Us Search Corp Com)

Assistant Secretaries. Each Assistant Secretary shall have --------------------- such powers and duties as may be assigned by the Board, the Chairman, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer's absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nm Licensing LLC)

Assistant Secretaries. The assistant secretaries in order of their seniority, Any Assistant Secretary shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as may be prescribed by the Board of Trustees Directors or the chief executive officer shall prescribePresident. SECTION 8.

Appears in 1 contract

Samples: Transaction Agreement (Kci New Technologies Inc)

Assistant Secretaries. The assistant secretaries in order shall perform such of their seniority, shall, in the absence or disability of the secretary, perform the duties and exercise such of the powers of the secretary Secretary as shall be assigned to them from time to time by the Board of Directors or the Chairman of the Board of Directors (if there be one) or the President or the Secretary, and shall perform such other duties as the Board of Trustees Directors or the chief executive officer Chairman of the Board of Directors (if there be one) or the President shall from time to time prescribe.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amerus Group Co/Ia)

Assistant Secretaries. The assistant secretaries Assistant Secretaries in the order determined by the Board of their seniority, Directors shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as the Board of Trustees or Directors, the chief executive officer shall Chairman of the Board and President may prescribe. Assistant secretaries may be appointed by the president without prior approval of the board of directors.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Powerhouse Technologies Inc /De)

Assistant Secretaries. The Each assistant secretary, if such officer is elected, shall have such powers and perform such duties as may be assigned by the Board of Managers or the president, and the assistant secretaries in order of their seniority, shall, in the absence or disability of the secretary, perform the duties and shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees during that officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Operating Agreement (Spanco Industries, Inc.)

Assistant Secretaries. The assistant secretaries Assistant Secretaries in order of their seniority, shall, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall perform such other duties as the Board of Trustees or the chief executive officer shall prescribe.

Appears in 1 contract

Samples: Instrument (Vanguard Chester Funds)

Assistant Secretaries. The assistant secretaries secretaries, in the order of their seniority, unless otherwise determined by the Managers, shall, in the absence or disability of the secretary, or at his request, perform the duties and exercise the powers of the secretary and secretary. They shall perform such other duties and have such other powers as the Board of Trustees or the chief executive officer shall Managers may from time to time prescribe.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Parallel, L.P.)

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the board of directors, the Chairman of the Board, or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the board of directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that officer's absence or the chief executive officer shall prescribe.inability to act. 101

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ero Inc)

Assistant Secretaries. The assistant secretaries in the order determined by the Board of their seniority, shallDirectors will perform, in the absence or disability of the secretarySecretary, perform the duties and exercise the powers of the secretary Secretary and shall will perform such other duties as the Board of Trustees or the chief executive officer shall Directors and President may prescribe.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Robbins & Myers Inc)

Assistant Secretaries. The assistant secretaries in order of their seniority, shall, in the absence or disability Each of the secretary, perform Assistant Secretaries shall assist the Secretary in his or her duties and exercise the shall have such other powers of the secretary and shall perform such other duties as may be prescribed by the Board Chief Executive Officer. In case of Trustees the absence, disability, death, resignation or removal from office of the chief executive officer shall prescribeSecretary, his powers and duties shall, for the time being, devolve upon such one of the Assistant Secretaries, as the Chief Executive Officer may designate, or, if there be but one Assistant Secretary, then upon such Assistant Secretary.

Appears in 1 contract

Samples: Operating Agreement (Starcraft Corp /In/)

Assistant Secretaries. Each Assistant Secretary shall have such powers and duties as may be assigned to him by the Board of Directors, the Chairman of the Board or the President. The assistant secretaries Assistant Secretaries (in the order of their seniority, shallseniority as determined by the Board of Directors or, in the absence or disability of such a determination, as determined by the secretary, perform length of time they have held the duties and office of Assistant Secretary) shall exercise the powers of the secretary and shall perform such other duties as the Board of Trustees Secretary during that Officer’s absence or the chief executive officer shall prescribeinability to act.

Appears in 1 contract

Samples: Limited Liability Company Agreement (LIN Media LLC)

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